1105 ACCEPTANCE OF PETITIONS AND VERIFICATION OF SIGNATURES

1105.1 If none of the grounds for refusal specified in § 1104 exist, the petition shall be accepted for filing as of the date of submission.1105.2 Upon the acceptance of a recall petition for filing, whether in the normal course or at the direction of the court, the Board shall certify within thirty (30) calendar days whether the petition contains the following:- (a) A sufficient number of valid signatures which meets the qualifying percentage and ward distribution requirements; and

- (b) The necessary number of names and signatures of registered qualified electors of the District of Columbia, properly distributed by ward.1105.3 The Board shall verify the signatures appearing on a recall petition by performing a bona fide random and statistical sampling under the guidance of the Data Services Division of the Office of Planning.1105.4 Petitions shall be accepted or rejected based on the number of valid signatures in the random sample.1105.5 In the case of a citywide recall petition, a sample of one hundred (100) signatures shall be drawn from the total number of verified registrants signatures filed for each election ward.1105.6 In the case of a ward or school district recall petition, the Board of Elections and Ethics shall supply the Data Services Division with the total number of verified registrants signatures filed for the ward or school district. From this universe, the Data Services Division shall determine the size of the random sample to be drawn.1105.7 The Board shall report the number of valid signatures in each ward sample to the Data Services Division. The Data Services shall then determine the following:- (a) Whether a ward should be accepted as having the required number of valid signatures;

- (b) Whether a ward should be rejected as not having the required number of valid signatures; or

- (c) Whether a larger sample should be drawn since no decision could be made from the one used.1105.8 A ninety-five percent (95%) confidence probability shall be used in ward sample designs.1105.9 A ward shall be accepted if the Board is ninety-five percent (95%) confident that the total number of valid signatures from that ward equals or exceeds the required number.1105.10 A ward shall be rejected if the Board is ninety-five percent (95%) confident that the total number of valid signatures from that ward is less than the required number.1105.11 If it is determined that five (5) of the eight (8) election wards have the required number of valid signatures, the figures from all eight (8) election wards shall be combined to test whether the entire number of valid signatures appearing on the petition is equal in number to five percent (5%) of the registered electors in the District of Columbia.1105.12 Standard formulas from the field of stratified random sampling shall be employed by the Data Services Division in conducting the citywide test and shall take as input the results of the signature validation of the separate wards. The output shall determine the following:

(a) Whether the signature requirements for the entire District were met;

(b) Whether the signature requirements for the entire District were not met; or

(c) Whether a larger sample should be drawn in the event no decision could be made based upon the sample used.

1105.13 A ninety-five percent (95%) confidence probability shall be used in the entire District of Columbia sample design.

1105.14 The entire District shall be rejected if the Board is ninety-five percent (95%) confident that the total number of signatures from the entire District is less than the required number.

SOURCE: Final Rulemaking published at 42 D.C. Reg. 4419, 4426-28 (August 18, 1995); as amended by Final Rulemaking published at 48 D.C. Reg. 11722 (December 28, 2001); and further amended by Final Rulemaking published at 49 D.C. Reg. 2737 (March 22, 2002).

EDITOR'S NOTE: The word "a" was added to subsection 1105.5 to correct a technical error in the Proposed Rulemaking.